
RESIDENCE FOR CUBANS
The Cuban Adjustment Act (CAA) of 1996 provides a unique opportunity for Cuban natives or citizens, along with their spouses and children, to find refuge in the United States as lawful permanent residents. This special procedure grants the Attorney General discretionary powers to grant permanent residence to eligible individuals who have been present in the U.S. for at least one year after admission or parole and meet specific criteria. In this article, we explore the eligibility requirements, benefits, and necessary documentation for those seeking to adjust their status under the Cuban Adjustment Act. At Victoria Law, we have a deep understanding of the complexities involved in the process and are ready to assist you every step of the way.
Eligibility Criteria
To apply for adjustment of status under the CAA, Cuban natives or citizens must meet the following criteria:
1. They must have been present in the United States for at least one year since admission or parole.
2. They should be admissible as immigrants, with exemptions from certain grounds of inadmissibility such as the public charge ground and inadmissibility for arriving at a place other than an open port of entry.
3. If the applicant is inadmissible on other grounds, they may still be eligible for adjustment under the CAA with an approved waiver of inadmissibility.
Inclusion of Family Members
The CAA also extends its benefits to the spouse and children of the principal applicant, regardless of their country of citizenship or place of birth. To qualify, family members must meet the following requirements:
1. Maintain a continued relationship with the principal applicant until they adjust their status.
2. Reside with the principal applicant in the United States.
3. File an application for adjustment of status under the Cuban Adjustment Act.
4. Be eligible to receive an immigrant visa and be otherwise admissible for permanent residence in the United States.
Required Documents
When applying for adjustment of status under the CAA, the following documents are typically required:
1. A completed Form I-485, Application to Register Permanent Residence or Adjust Status, along with the appropriate fee for each applicant.
2. Copy of the applicant's birth certificate or other birth record with translation, if available.
3. Additional fee for fingerprinting (applicable to applicants aged 14 and older).
4. Two photographs as per the Form I-485 instructions.
5. Completed Biographic Information Sheet (Form G-325A) for applicants between the ages of 14 and 79.
6. Copy of the applicant's Arrival-Departure Record (Form I-94) or other evidence of inspection, admission, or parole into the United States.
7. Medical examination with Vaccination Supplement.
8. Evidence demonstrating at least one year of physical presence in the United States.
Seek Professional Assistance from Victoria Law
Navigating the Cuban Adjustment Act and the complexities of the adjustment of status process can be overwhelming. At Victoria Law, our experienced legal team specializes in immigration law. We understand the unique challenges faced by Cuban natives or citizens and their families, and we are here to provide guidance, support, and comprehensive legal representation throughout your journey. Contact Victoria Law today for a consultation and take the first step toward achieving your citizenship aspirations.
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